HomeMy WebLinkAbout05-03-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of RODNEY D • LANKFORD, JR • File Number ~~ ~ ~ ~ ~ ~~~~~~~~~
also known as
,Deceased Social Security Number d, 7 7 2 6'719 7
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW.)
Q A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the E X E C U T 0 R _ named in the
last Will of the Decedent dated 6 / 4 / 2 010 and codicil(s) dated
SANDRA J• LEATHERY RENUNCED AS EXECUTOR.
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate, was not the victim of a killing, was never adjudicated incapacitated, and was not a party to a pending divorce proceeding at the time
of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (g):
B. Grant of Letters of Administration
(If applicable, enter.. c. t. a.; d. b. n. c. t. a.; pendente liter durante absentia; durante minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) heirs: (If
Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) n '°' ..-a?
r--
Decedent was domiciled at death in S U M B E R L A N D County, Pennsylvania, with his /her last principal residence at
ORF WAY CARLISLE PA 17015 SOUT MIDDLETON CUMBERLAND
(L~st street address, town/crty, townshrp, county, state, zrp code)
Decedent, then 77 years of age, died on 4/27/2011 at CUMBERLAND CROSSINGS, 1 LONGSDORF WAY
CUMBERLAND __ PA 17015
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ _ 1, 0 0 0.0 0
(If not domiciled in PA) Personal property in Pennsylvania $ _
(If not domiciled in PA) Personal property in County $ _
Value of real estate in Pennsylvania $ _ 7 5 , 0 0 0.0 0
3 PINE WAY, FAYETTEVILLE, PA
356 AH STATE ROAD, SHERMANSDALE, PA
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters iri the appropriate form to
the undersigned:
Signature Typed or printed name and residence
FRED L. LAUER 407 PINE GROVE IZOAD
Form RW-02 rev. 10.13.06 Page 1 of 2
(c.un7~L~ I ~~ IN ALL CASES:) Attach additional sheets if necessary.
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law. _
Sworn to or affirmed and,,s,/ubscribed
before me ±he ~ ~`~" day of
~..,.~~~~. ~C~ ~l
~'~ ~,
~ For the Register
Signature of Personal7?epresentative <:~'
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Signature of Personal Representative .~; ..rte f-=. :-~,
Signature of Personal Representative '
File Number:
Estate of RODNEY D - LANKFORD, JR • ,Deceased
Social Sec rity Number: ~ 7 7 - 2 6 - 719 7 Date of Death: 4 / 2 7 / 2 011
AND NOW, ~ ~ 2011
in consideration of the foregoing Petition, satisfactory proof
having been presented before e, IT IS DECREED that Letters TESTAMENTARY _
are hereby granted to FRED L- L A U E R
~i.,. ,.L,. _~_~_
.~.,, ui uia aVVVG GSIaIC
and that the instrument(s) dated JUNE 4 , 2 0 ], ^
described in the Petition be admitted to probate and filed of record ~s the last Will Fand Codicil(~11 of T~ecPr~~nr ~
FEES
..............
Letters
............. .
~~ _
$ r •' C~ ~
Short Certificate(s) .......
... $ ~~
Renunciation(s)
.... $ ..
.... $
.... $
.... $
.... $
.... $
.... $
TOTAL ............... .............. $ - ~ C~
Form RW-02 rev. 10.13.06
Attorney Signature:
Supreme Court LD. No.: i? 0 7 6 5 0
Address: i?331 MARKET STREET
CAMP HILL
PA _ 17011
Telephone: 717 - 7 6 3 -13 8 3
Page 2 of 2
Attorney Name: NEELY E . MEALS _
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U:\LifePlanPortfolio\Clients\Lankford, Rodney D. Jr\Will.doc
June 4, 2010
LAST WILL AND TESTAMENT ~~ ~?
OF ~.y
.,
RODNEY D. LANKFORD, JR. ~~ ~ ~ ` = , =~
-~ .;` L~
I, RODNEY D. LANKFORD, JR., of Shermans Dale, Perry County, Per~sylvania, ing~-e~C
sound and disposing mind, memory and understanding, do hereby make, publish and declar~~this my ~
Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime
heretofore made.
1. IDENTIFICATION OF FAMILY. I acknowledge that I have a daughter Warned JEWELL
LANKFORD who is not provided for in this will. I do not have a relationship with my daughter
and it is my specific intention to not provide for JEWELL LANKFORD under the terms of my
Will.
2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all the
expenses of (1) a funeral or memorial service; (2) the interment of my remains, including the
costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable marker at,
and perpetual care of, the gravesite. I further direct my executor to pay all of my debts that my
executor in his or her sole discretion may allow as claims against my estate.
3. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. I give all o~f my tangible
personal property of every kind and description, including, but not limited to, books, pictures,
clothing, articles of household or personal use or adornment, household furnishings and effects,
and automotive vehicles and their accessories, but excluding any money, evidences of
indebtedness, documents of title, and securities and property used in connection with the
operation of any trade or business, in equal shares, to my nephew, FRED L. LAVER, and my
niece, SANDRA J. LEATHERY, as follows: I direct my executor to divide my tangible
personal property into two parts. The first part shall. contain all items tllait my executor
determines, to be of no present or future value or to my above-named nephe~,v or niece. The
second part shall contain the balance of the property. My executor shall dispose of the first part
by sale, abandonment, destruction, or gift to any charity or person. The proceeds, of any sale shall
be added to my residuary estate. All property in the second part I give, in substantially equal
shares to my above-named nephew and niece. The decision of my executor shall be conclusive
and binding on all persons interested in my estate.
4. DISPOSITION OF RESIDUARY ESTATE.
4.1 Disposition. All of the rest, residue and remainder of the property that 1': own at the time
of my death, both real and personal, and of every kind and description, wherever situated, to
which I may be legally or equitably entitled at the time of my death (my "residuary estate"), I give
outright and absolutely to my nephew, FRED L. LAVER, and my niece, SANDRA J.
LEATHERY or the survivor between them to retain or distribute among my heirs as they shall
agree.
U:\LifePlanPortfolio\Clients\Lankford, Rodney D. Jr\Will.doc
June 4, 2010
4.2. In the event both FRED J. LAVER and SANDRA J. LEATHERY arE; not living on the
sixtieth (60) day after the date of my death, I leave all the rest, residue and remainder of the
property that I own at the time of my death, both real and personal, and of every kind and
description ~~ wherever situate, to which I may be legally or equitably entitled at the time of my
death (my residuary estate) to be divided in equally among my nieces and nephews, whose
names are as follows: RORY GROSS, SCOTT GROSS, STEVE GROSS, CRAIG GROSS,
ALICE L. LEBO, PATTI A. LAVER and MIKE L. LAVER.
5. POWERS OF ADMINISTRATION.
5.1. Grant of Powers. My executor, in the administration of my estate, (m:y "fiduciaries")
shall have the powers and authorities set forth in this Article 5. These powel-s and authorities
may be exercised by my executor and trustee in their sole and absolute discretion, without the
permission or order of any court. These powers shall be supplementary to those conferred by
law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania
Consolidated Statutes.
5.2. Retention of Assets. My fiduciaries shall have the power to retain any or all property of
my estate, however received and acquired, for so long as they deem appropriate. This power may
be exercised even though the property may not be of the type authorized by law for investment,
and even though the retention may leave a disproportionately large amount of the value of my
estate invested in one type of property.
5.3. Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any
property, of whatever nature, including real property, and wherever situated, that I may own at
the time of my death, or that may come into my estate or after my death. The sale, transfer, or
conveyance may be by public or private sale, at such time, on such terms and conditions,
including selling price and credit, in such manner, and for any reason that my fiduciaries deem
appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed
to my residuary beneficiaries.
5.4. Investment. My fiduciaries shall have the power to invest and reinvest: any property in
my estate in preferred and common stocks, bonds, notes, common trust funds (including any
managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases,
mortgages on property wherever located, and, generally, in any property and in proportions of
property as my fiduciaries deem advisable, even though the investments are not of the character
or proportions authorized by applicable law for the investment of the funds.
5.5. Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem advisable
(including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or
otherwise encumber any property in my estate to secure repayment of any loan, as well as the
power to renew existing loans either as maker or endorser.
5.6. Power to Hold Property in Nominee Form. My fiduciaries shall have the power to
hold any property in the name of a nominee or in bearer form.
2
U:ALifePlanPortfolio\Clients\Lankfard, Rodney D. Jr\Will.doc
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5.7. Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests, as amended,
or other applicable law, and to determine which assets shall be sold and. which shall be
distributed in kind, without notice to or consent by any beneficiary.
5.8. Distribution to Minors and Persons Under Disability. My fiduciaries shall have the
power to make distributions or payments to or for the benefit of any beneficiary who is a minor,
an incompetent, or who in the fiduciaries' judgment is incapacitated. The; distributions or
payments shall be made in any one or more of the following ways: (1) directly to the beneficiary;
(2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the
guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor
beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors,
including to my fiduciaries in that capacity; or (6) to any other person who shall have the care
and custody of the person of the beneficiary. There shall be no duty to see to the; application of
funds so paid, provided due care was exercised in the selection of the person to whom the funds
were paid, and the receipt of the person shall be full acquittance of the fiduciaries.
5.9. Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or unincorporated, in which I
may have any interest at the time of my death for any period of time, or to liquidate the business
on any terms as they deem appropriate. This power includes, but is not limited tc- (1) the power
to invest additional sums in any business, even to the extent that my estate may be invested
largely or entirely in the business, without liability for any loss resulting from lack of
diversification; (2) the power to act as or to select other persons to act as direc;tars, officers, or
employees of any business, to be compensated without regard to being a fiduciary under this
Will; and (3) the power to make any other arrangements in regard to any business as my
fiduciaries shall deem proper.
5.10. Employment of Agents. My fiduciaries shall have the power to emf-lay and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment
counsel, accountants, bookkeepers, or other agents or providers of services as :my fiduciaries
deem advisable in the administration of my estate.
5.11. Commissions. My fiduciaries shall have the power to take reasonable commissions on
account at any time during the administration of my estate without the approval of any
beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final
accounts of my fiduciaries.
5.12. Third Party Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor, or to inquire
into either the authority of my executor to enter into any transaction or the expediency or
propriety of any transaction entered into by my executor.
5.13 Charitable Donations. In the event that any of my tangible personal prapc;rty is donated
to a charitable organization(s) then my fiduciary is instructed to use the value of said donation(s)
3
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as an inheritance tax deduction for any inheritance tax return which maybe required to be filed as
a consequence of my death.
6. PAYMENT OF DEATH TAXES.
6.1. Payment of Estate Taxes. I direct that all federal and Pennsylvania esl:ate taxes payable
as a result of taxes assessed on property passing under this Will shall be paid fi-oln my residuary
estate as a part of the expenses of the administration of the estate.
6.2. Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of
my death, limited to taxes assessed on property passing under this Will, shall be paid out of my
residuary estate and shall not be deducted or collected from any beneficiary under this Will or
other transferee.
7. EXECUTOR.
7.1. Appointment. I name, constitute, and appoint my nephew, FRED L. LAUER, and my
niece, SANDRA J. LEATHERY, as co-executors of my estate.
7.2. Bond Not Required. None of the individuals named in Section 7.1 shall be required to
furnish a bond for the faithful performance of his or her duties as executor.
8. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in
determining whether a person has survived me or another person, a person shall not be deemed to
have survived me or another person if he or she dies within sixty (60) days of my death or of the
death of the other person.
9. LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of law
or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary
under this Will, or to any other persons, except through actual fraud or willful misconduct on the
part of the executor or trustee. My executor may, from time to time, consult with counsel with
respect to the meaning, construction, and operation of this Will, particularly with respect to the
appointments, allocations, and disbursements, and may act on the advice of counsel in all matters
without incurring liability on account of his or her actions.
10. INTERPRETATION.
10.1 Successors of Fiduciaries. All pronouns referring to an executor .and the term
"executor" shall be construed to mean any person acting as my executor, co-executor, personal
representative, or administrator, as the case maybe.
10.2 Number and Gender. If required by the context of this Will, singular language shall be
construed as plural, plural language shall be construed as singular, and the gender of personal
pronouns shall be construed as either masculine, feminine, or neuter.
4
U:\LifePlanPortfolio\Clients\Lankford, Rodney D. Jr\Will.doc
June 4, 2010
10.3 Headings. All headings used in this Will to describe the contents, of each article,
paragraph, or other division are provided for convenience only and shall not be construed to be a
part of this Will.
10.4 Governing Law. This Will shall be construed in conformity with t;he law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, this 4t'' day of June, 2010.
/~
ODN J. LANKFO , JR., Testator
Signed, sealed, published and declared by the above-named Testator,. RODNEY J.
LANKFORD, JR., as and for his Last Will and Testament, in the sight and presence of us, who, at his
request, in his sight and presence and in the sight and presence of each other, have hereunto subscribed
our names as witnesses.
Witness
2331 Market Street
ress -
Camp Hill, PA 17011
Witness
2331 Market Street
ress
Camp Hill, PA 17011
s
U:\LifePlanPortfolio\Clients\Lankford, Rodney D. Jr\Will.doc
June 4, 2010
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
I, RODNEY J. LANKFORD, JR., THE TESTATOR, WHOSE NAME IS SICTNED TO THE
FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO HEREBY
ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST WILL AND
TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND
VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY RODNEY J. LANKFORD,
JR., THE TESTATOR THIS 4`'' DAY OF JUNE, 2010.
COMMONWEALTH OF PENNSYLVANIA
Notarial 5eai
Mildred M. O'Donnell, Notary Public
Camp Hill Boro, Cumberland County
M Commission Fx Ires Auc~. 30, ?p ~ 0
Member, 8nn~ylVphlq A~~~~i~tion of Notaries
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS.
WE, ~'' ~ l,.~'. ~. C.~ IDO AND i ~ ~' ~ ~,,~...
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING DULY
QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AI~TD SAW THE
AFORESAID TESTATOR SIGN AND EXECUTE THE INSTRUMENT AS HIS LAST WILL AND
TESTAMENT; THAT HE SIGNED WILLINGLY AND THAT HE EXECUTED IT AS HITS FREE AND
VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF' US IN THE
HEARING AND SIGHT OF THE TESTATOR SIGNED THE WILL AS WITNESSES; AND THAT TO THE
BEST OF OUR KNOWLEDGE THE TESTATOR WAS AT THE TIME EIGHTEEN (1 S) OR MORE YEARS
OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS 4`'' DAY OF JUNE, 2010.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seaf
Mildred M. O'Donnell, Notary Public
Camp f-iili i:3;,ro, Cumberland County
M Commission _Fr, -res Aut~.3.0, ?p ~ 0
Memi~er, Pennsylvania 149AH~iNEiNn ~-( Notaries
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WITNESS
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WITNESS
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NOTARY PUBLIC
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NOTARY PUBLIC
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Renunciation
Register of Wills
Cumberland County, Pennsylvania
Estate of Rodney D. Lankford, jr., Deceased
I, Sandra J. Leathery, in my capacity/relationship as Executor of the above
Decedent, hereby renounce the right to administer the Estate of the
Decedent and respectfully request that Letters be issued to Fred L. Lauer.
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Date Signature
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Stree Address
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City, State, Zip
Executed in the Register's Office Executed out of the Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appe:arE~d the
Before me this day party executing this renunciation and certified
Of , 2011. that he or she executed the renunciation for the
Purposes stated within on this "` da~~ of
~c.` 2011.
Deputy for the Register of Wills
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M o fission Expires:
CQ~.9MC?f~l~l'S~,l_TH ~F PEN!'~S'(i.~1P,!`!"•,A
Notarial Seal
:lennifer Gross, Notary Public
Camp Hili Boro, Cumberland County
My Commission Expires Sept. 11, 2012 _
Member, Pennsylvania Association of Notaries